Vice Chairperson Keith Kirkpatrick, called the meeting to order at 7:00 p.m. in the Chambers of the Boone County Government Center having a quorum present.

Roll call was taken as follows:

Present: Keith Kirkpatrick, Vice Chairman

Tom Trabue

Norma Keil

Jerry Kaufman

Linda Rootes

Also Present: Stan Shawver, Director Don Abell, Staff

Thad Yonke, Staff Noel Boyt, Secretary

Minutes of the March 28, 1996, were reviewed. Board Member Trabue made and Board Member Keil seconded a motion to approve the minutes will one name spelling change. Motion was approved by acclamation.

A welcome was given to the new Board Member Linda Rootes by Member Kirkpatrick and the rest of the Board.

REQUESTS

Request by Edward J. Petersheim for a variance from the subdivision regulations

requirements restricting tier lot stems to 250 in length and the requirement that

all lots less than 5 acres have direct access to a public road for property located at

7900 W Hwy. 40.

Director Shawver gave staff report stating that the property was located west of Columbia, Hwy. 40, 10.5 acres of ground, zoned R-S (Single Family Residential) the same zoning as the surrounding properties and has been that since 1973. There is a single family dwelling on the property. The applicant is requesting a variance that would allow him to have two tier lots with stems over 250 in length. An alternative to that would be one tier lot over 250 long and one lot served by an easement.

The request for variance would fall under Appendix B. Section 1.8.1 Tier Lots limits the stem of a tier lot "not less than 20 ft nor more than 59 feet and not shorter than 25 feet nor longer than 250 feet." The lot that contains the house will require a stem over 500 feet long.

The owner wants to split this land into three parcels. Each lot would be approximately 3.5 acres of ground. Rather than building a road for three lots, Mr. Petershime would prefer to have a tier lot or an easement to serve the back lot and center lot. The staff report recommends the variance be granted. Notice sent to 42 property owners. A number of phone calls were received but for information purposes and what the regulations require. The 250 foot length of stem came into effect June 1995 when the Subdivision Regulations were revised. The 250 feet were pulled from the City of Columbias regulations which is more suitable for high density development than some of the rural developments.

Mr. Edward Petershime, owner of 7900 W. Hwy. 40 addressed the Board. He said the piece of property was approximately 10.5 acres. He wanted to split the property into 3 tracts. He said he had spoken to the immediate neighbors. The only concern was what was being done to the property.

No one spoke in favor or opposition .

Member Kirkpatrick asked Mr. Shawver was the restriction on the length of a tier. He stated the regulations were concerned with creating odd pie parcels of ground. This simply is to avoid building streets that would best serve a development. It is more of a density problem. Lots less than 5 acres have to have direct access to a public road. It is conceivable that someone could take 10 twenty foot wide stems out to the public road. It would create loss of integrity of lot lines and property ownership and excess driveway length.

Member Rootes asked if the variance was granted, did it have to be stated for the two stems, or the one stem with the easement. Mr. Shawver stated the Board is authorized to act on sections of the Subdivision Regulations Appendix A and Appendix B which is the design criteria and construction requirements. Based on that interpretation you would have to grant two tier lots. The definition of a subdivision is not part of Appendix A and B but is the section where it defines lots as having to have public road frontage unless there are 5 acres are more.

Member Trabue asked where the stems were proposed? Mr. Petersheim approached Member Trabue and located them on the lot.

Member Trabue stated his concern was the possible problem with lot lines in the future. It may be separate drives but over several years it could become shared drives ways. He had seen legal disputes about access between subsequent property owners that were not part of the original arrangement. It was not the initial group.

Mr. Shawver stated that if the Board decides to grant the variance, it would be appropriate to condition that the subsequent subdivision plat include a common drive way easement so that both have clear use of the driveway. It would be appropriate to limit the tier lots to no more than two (2) lots.

Member Trabue asked if this would subsequently result in a plat. Mr. Shawver stated yes, it had to be platted.

Member Trabue asked what was the potential since there was considerable amount of land between this property and Trails West Drive. Mr. Shawver advised that Trails West Drive was approximately 1/4 mile to the west. He stated there were two parcels to the west.

Member Trabue said he did not want to say anything negative, but he could see three Bolli Roads.

Member Kirkpatrick thought there was a way to prevent that. He thought the subdivision process would apply to the adjacent tracts.

Mr. Shawver stated that several provisions of the Subdivision Regulations should be noted. Location of the property and the fact it would come off an improved surface road (since inside the urban service area) to develop at a density similar to that of Bolli Subdivision would require a waste water system that Bolli does not have. The potential is there, but it may not be practical on a 10.5 acre parcel of ground.

Member Trabue made and Member Keil seconded motion to approve the request by Edward J.Petersheim to allow two tier lots with stems exceeding 250 feet in length which will provide adequate public road access to platted lots, provided that the subdivision plat includes a common driveway easement to both lots.

Voting was as follows:

Tom Trabue yes Norma Keil yes

Keith Kirkpatrick yes Jerry Kaufman yes

Linda Rootes yes

Motion was approved unanimously. 5 yes

Request by James E. Guthrie and David L. Babel for a variance from the

subdivision regulations requirements for a public water system and fire hydrants

for property located at 12925 W. Hwy. BB.

Mr. Shawver gave staff report stating the property was located at the intersection of State Highway BB and just north of I-70 southeast of Rocheport. The land is zoned CG (General Commercial) and all the adjoining land is zoned CG. The property owners had submitted a subdivision plat that shows four (4) lots including an area that was an old service station. This property was originally zoned C-G in 1973.

The applicants are requesting a variance from the requirements for a public water supply and fire hydrants in subdivisions (Subdivision Regulations) having more than 3 lots as required in Appendix B Section 4.1. The site under discussion is an area that was part of Public Water District No. 3 which is no longer active. The only water lines that were built are within the city of Rocheport. City of Rocheport does operate that system, but the area of this plat is not covered by another water district. There is a well on the property that may have served the old service station. The staff is recommending the variance be granted. There is a private water system on the south side of Interstate 70. It is fed by three (3) interconnected wells.

Mr. Shawver explained that the requirements on fire hydrants and water pressure is the requirement of the Subdivision Regulations which are really directed toward residential development with high density. With commercial construction the building codes are much more stringent on what type of construction, what requirements are and what has to be met based on the use and size of the structure. Staff is under the opinion that the building requirements will protect property owners and occupants of any commercial structure built on this property. Property would still be subject to the building code, subject to the national life safety code, fire prevention code and the fire protection district through the building codes. The codes could require a system of dry hydrants based on ponds. That was done just up the road atBourgeois winery.

Gene Basinger, surveyor with an offices at 914 N. College, Columbia, approached the Board. He stated the plat was prepared with four (4) lots, but it could be made into two plats with two lots per plat or one lot on one plat and three lots on the other. This would have been a substantial cost to his client but would have avoided the meeting and not address the fire hydrants or water system. Each lot will have to provide their own water. There was one well and if another well was drilled, maybe it could be shared.

No one spoke in favor or in opposition to the request.

Member Keil ask how many acres were involved. Mr. Shawver advised 11.7 acres.

Member Kirkpatrick stated that regarding fire protection, the building and safety codes would dictate what is required. Mr. Shawver confirmed.

Member Kirkpatrick stated he was vary familiar with the area. He passes by it quite often, the service station is a real eyesore at present, he could not see change other than for the better.

Member Trabue and Member Rootes seconded a motion to approve the request by James E. Guthrie and David L. Babel to plat a four lot subdivision (known a "Highway 70 At The River") without providing a public water supply or fire hydrants can be granted; that the commercial zoning of the property will make any structures subject to the Boone County Building Codes and Life Safety Codes which may require installation of fire hydrants, or automatic sprinkler systems.

Voting was as follows:

Tom Trabue yes Linda Rootes yes

Keith Kirkpatrick yes Jerry Kaufman yes

Norma Keil yes

Motion was approved unanimously. 5 yes

Request by Danieal H. Miller for a variance from the subdivision regulations

requirements restricting tier lot stems to 250 in length for property located

at 6480 S. Alton Park Road.

Director Shawver gave staff report stated the property had previously been platted as Lot 118 of Gateway South Plat 7 in 1976. The original designation of Lot 118 (9.34 acres) was for a park. The County Commission vacated the lot and authorized it to be replatted on April 30, 1996 upon petition of the owner. The property is zoned R-S (Single Family Residential) which is the zoning of the adjacent property. Gateway South Subdivision is located southwest of Columbia. The property is currently vacant, a sewer line does cross the property.

The requested variance is to permit a tier lot which would have a stem 360 long. This request is similar to that of the first item on the agenda pertaining to Subdivision Regulations, Appendix B, 1.8.1, Tier Lots (restrict the length of the stem to 250). This property is crossed by the 100 year flood plain, it is difficult to serve. The owner has proposed to split the lot into four (4) parcels, two (2) with direct access onto the cull-de-sac of Alton Park Road, the other two would have tier lots sharing a common driveway. One stem is about 205 long and the other is about 360 long. Staff did recommend approval of then variance. Notified 62 property owners.

Member Kirkpatrick asked if the plat had gone to the Planning and Zoning Commission? Mr. Shawver stated it had gone before Planning and Zoning Commission last week (May 16, 1996) and approved contingent on the proper approval of the Board of Adjustment.

Keith Bail, attorney with Jones, Schneider and Bartlett, addressed the Board along with Daniel Miller, owner.

Mr. Bail said, the firm had not received any complaints and if the Board had any questions he would answer.

Open to the public. No one spoke in favor or opposition to the request.

Member Kirkpatrick asked to see a copy of the plat. Director Shawver advises there were two stem lots.

Member Trabue asked if on the original plat, was the area designated as a park? Director Shawver said he was correct. Original Plat 7 designated this as a park. There was no provision in the convenants to turn it over to the subdivision owners, and no effort was ever made to turn it over to the county. This land has even changed hands at least three (3) times over the last 15 - 20 years. Several property owners have come in to the office to put a mobile home on it, to a landscaping business, we have told them no, it is platted as a park and it would have to have it replatted before it could be used otherwise. Mr. Miller is the first one to follow up on that requirement.

Mr. Miller stated that given the density it did not make any sense to do that. Given the topography, the flood plane is difficult to develop, it is an engineering challenge.

Member Trabue asked if the driveways for the tier lots were buildable, it is a pretty steep. Mr. Miller said that his contractor had advised him that driveways could be built.

Member Kirkpatrick asked what was the size of the four (4) lots. Director Shawver said Lot 118D

Mr. Miller spoke up and said he did it to be consistent with the remainder of the subdivision.

Member Rootes ask that in order to build the driveway, did he have to fill the flood plain and raise it to a certain level? Mr. Miller stated there would be a little earth moved. He continued that he did not know what needed to be done. He was trying to obtain an easement to come off Rte K, with regard to one of the lots, however he did not have it now and did not want to sit and wait. If this request was approved, he would build on lots 3 and 4. If the easements were not approved, he wanted to have a fall back position and not be stuck.

Member Trabue stated he envisioned there would be impact on the flood plain there, but topography of the ground would keep all of the impact on those properties.

Mr. Miller, stated there was a good 30 foot if not 40 foot drop from the end of Lot 43 down to the creek. It is beautiful land as far as scenic, there is a sheer rock bluff.

Member Keil made and Member Kaufman seconded motion to approve the request by Danieal H. Miller to allow a tier lot with a stem exceeding 250 feet in length which will provide adequate public road access to the platted lot as shown on the subdivision plat of Gateway South Subdivision, Plat 10.

Voting was as follows:

Norma Keil yes Jerry Kaufman yes

Keith Kirkpatrick yes Tom Trabue yes

Linda Rootes yes

Motion was approved unanimously. 5 yes

RENEWALS

None for May, 1996

NEW BUSINESS

ELECTION OF NEW CHAIRPERSON

Member Kirkpatrick advised that in the vacancy of Chairman Schneider (term expired April 1996) the position needed to be filled. He then turned the meeting over to Director Shawver. Mr. Shawver stated that Member Kirkpatrick was the elected Vice Chairperson, but the By-laws provide that any vacancy in office should be filled immediately at the next available meeting. The regular election is in July for two persons, Chairperson and Vice Chairperson and the third officer is the Secretary which the By-laws state the Secretary of the Department shall serve for the Board of Adjustment.

Member Keil made and Member Trabue seconded a nomination for Keith Kirkpatrick to serve as Chairperson until the July, 1996 election. No other nominations were made.

Member Trabue made and Member Keil seconded motion to cease and Member Kirkpatrick be elected Chairperson by acclimation.

Director Shawver turned the meeting over to the newly elected Chairperson Kirkpatrick.

Chairperson Kirkpatrick stated accepting the new position he now vacates his previous position of Vice Chairman and asked if there were any nominations.

Member Keil made and Member Trabue seconded a nomination for Member Jerry Kaufman to serve as Vice Chairman. No other nominations made. No other nominations, Member Kaufman to serve as Vice Chairman by acclimation.

Director Shawver welcomed newest Member Linda Rootes to the Board of Adjustment.